- Family law — EU Rules — Traditional rules — Judgments and orders
This chapter examines the impact of the right to a fair trial on jurisdiction under EU rules. The constitutional justification for the introduction of harmonised rules of jurisdiction is to ensure effective access to justice within the EU. The link between access to justice and more generally the right to a fair trial is most apparent in procedural instruments such as the Small Claims Procedure Regulation and the Service Regulation. Indeed, the right to a fair trial has had an impact on specific provisions when denial of jurisdiction results in no trial anywhere, leading to the introduction of a forum necessitatis rule in a number of EU instruments.
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